The Megyn Kelly Show - The Truth About Every Angle of the Cornell Case, From the Original "Jane Doe" 2024 Story to Media Lies Today | Ep. 1409

Episode Date: September 30, 2026

Megyn Kelly breaks down every angle of the Cornell alleged "gang r*pe" story, including the questionable circumstances behind the incident, the timeline of the potential crime and when it was reported, whether this act was voluntary or not, the over 100-page lawsuit that was filed by "Jane Doe" in the alleged Cornell gang r*pe, the truth about the Snapchat exchange, the key parts of the 2024 statement from Doe, why the DA didn’t bring charges in the 2024 case, why the story "Jane Doe" actually told in 2024 does not describe a crime, what “Jane Doe” said in her 2024 Cornell statement about the drug use she willingly engaged in and the consent she gave during the alleged crime, how her story has changed now, exactly how the New York state law relates to the Cornell case, how the actions of the young men might be morally wrong and gross but aren’t necessarily illegal, the media’s irresponsible coverage of the “Cornell 7,” the false claims from celebrities about what actually happened, AOC and Jake Tapper's outrageous comments, Sunny Hostin making a good point, and more.  Cozy Earth: Visit https://www.CozyEarth.com & Use code MEGYN for up to 20% offARMRA: go to https://tryarmra.com/MEGYN to get 30% off your first subscription orderLean: Discover why LEAN is becoming the choice for real weight‑loss results—shop now at https://TAKELEAN.com use code MK.Ethos: Protect your family’s future with fast, online life insurance from Ethos—get a free quote in minutes at https://Ethos.com/MK   Follow The Megyn Kelly Show on all social platforms:YouTube: https://www.youtube.com/MegynKellyTwitter: http://Twitter.com/MegynKellyShowInstagram: http://Instagram.com/MegynKellyShowFacebook: http://Facebook.com/MegynKellyShowFind out more information at:https://www.devilmaycaremedia.com/megynkellyshow Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

Welcome to The Megan Kelly Show, live on Sirius XM Channel 111 every weekday at New East. Hey, everyone, I'm Megan Kelly. Welcome to the Megan Kelly Show. Well, we have a lot to get to today. Everyone is talking about it, and I cannot tell you the number of people who have asked me about it, in my opinion, the alleged gang rape at Cornell. That is our topic for today's show. In a more than 100-page civil lawsuit, a former student there identified only as Jane Doe alleges that she was brutally raped by multiple members of the Kai-5 fraternity house for hours on October 19, 24. She also alleges that she was pressured into doing drugs several times and that she was incapacitated. Back in 2024, two fraternity members were expelled after the university investigated her claims, while others alleged to be involved faced lesser disciplinary action, including temporary

suspensions. Well, this week we're learning a lot more about what happened at the time, and in particular what she said happened at the time, and the fallout continues. So look, we're going to go through this together, and by the end of this, you're going to know exactly where things stand. I don't purport to know exactly what happened that night, but I see some serious problems with any potential rape case that the DA may try to bring. Some legal problems. none of this is to excuse the bad behavior by the young men involved or by this woman or by her. What I see is a couple in particular of young men who behaved in a way, I would be incredibly ashamed of my own sons. Were they ever to behave this way? And I would like to believe, and I do believe that my husband,

and I have raised them in a way that they would never participate in what went down inside that fraternity house as admitted, as admitted, okay? Like, well, I guess I shouldn't say admitted because the boys' statements haven't been given, and we don't know exactly what they're admitting to. But I guess I should say, at a minimum, if what she says in terms of the actual sexual acts that occurred is true. And of course, we do know that the text exchange that's been circulated widely amongst KaiFi members at Cornell University appears to be legit. You'd be ashamed of your child. You would be ashamed of any son of yours who would participate in that behavior. But disgusting texts and inappropriate threesomes where you're

openly celebrating it with your fraternity brothers does not make you a rapist. That's a whole different kettle of fish. That's the kind of thing that gets you in jail for 20 years. So it's really important that we have that distinction in our heads. Were they behaving like full college students whose behavior is shameful and disgusting? Or were they criminals? were they violent rapists? And we need to get to the bottom of that. And I believe that we will. I believe the DA involved in this case seems like an honest broker. And it's very clear to me,

he doesn't believe that there are any rapists involved in this matter. We have got to talk about cozy earth's bamboo, stretch-knit pajamas. These things are silky smooth and buttery soft. You can feel it the second you put them on. They are naturally temperature regulating and breathe so they keep you completely cool without ever waking up hot or clammy. They are crafted from viscos from bamboo with just the right amount of easy stretch. The fit is relaxed so you look completely put together even while sipping morning coffee or answering the front door. Plus, there's no real risk in trying them out.

They offer an easy return and exchange window if the fit is not right and everything is backed by a warranty too. Head to cozyearth.com. Use my code Megan for up to 20% off, home and sleepwear. that's code Megan for up to 20% off, home goods and sleepwear. And if you see a post-purched survey, be sure to mention that you heard about Cozy Earth right here on the MK show. What happened was Jane Doe had this incident occur in October of 2024. Three weeks later, after talking to her friends, you know how it goes. Look, I'm sorry, but I've covered enough of

these cases to know patterns. And the pattern is often that a woman will have shame about a night like this for obvious reasons. And then as weeks go by in her mind and especially with the help of other young university co-eds, it gets transformed from a night of regrets that the young woman is ashamed of into a night in which she's the victim and the boys are the perpetrators. A much more comfortable place for a young woman who participates in multiple threesomes with different men on one night to be. It's just a much, much better place to be. I didn't, I'm not a slut. I'm not easy. I'm not a humiliated, desperate, give it up to anybody. You know, person doing drugs off of a man.

man's penis. That's not me. I was coerced. I'm a victim. There are bad people involved in this, but I'm not one of them. And I'm sorry, but, you know, three weeks, like, if you were violently gang raped repeatedly over the course of an evening, do you think it would take you three weeks to call the campus police? And do you think you'd call the campus police at all? Don't you think you'd be calling the Ithaca police? Wouldn't it be an all-hands-on-deck situation to get these bastards arrested? The delay, the chatting with the friends, and then the decision to go to campus police says a lot to me.

And that's to say nothing of her initial statement to those police. Now, here's what happened. First, we found out two years later that she filed a civil lawsuit against coroner. Cornell against her sorority, Tridelt, full disclosure. I was a member of Tridelt at Syracuse, not far from Ithaca. I deactivated because I was with a lacrosse player for most of my college experience. And the parties in the Greek system didn't allow the athletes if they weren't Greek members. So I was much more interested in spending time with my lacrosse player boyfriend than I was with men of the Syracuse fraternities.

So nothing against Tridelt, but I did deactivate while in college. In any event, absolutely no reason to cover Tridelt favorably or unfavorably. So she's filed a lawsuit, a civil lawsuit asking for money, compensatory and punitive damages. She wants a big check from Cornell, from Kai Fi, the men's fraternity, from her own sorority, Tridelt, because she's claiming they understood she was drinking, and I believe may have had a drink at the Tridelt house, against the local bars, which had given her permission to enter with an under-21 stamp, but served her nonetheless. They will be in trouble for doing that. It won't be because she got raped. It'll be something less than that. But they're not kidding around in New York State when it comes to under 21-year-olds who get served and then bad things happen to them after the fact. It's a terrible position for a bar to be in, which is why most bars in New York State are pretty good about enforcing the 21 or under

21 years old to drink rule. I can say that, having attended a university in the state of New York and having grown up there and spent 50 years of my life there. Okay, so back to Cornell. She sued Cornell. She sued Tridelt. She sued Kai Fai. She sued advisors of the fraternity. She sued the national organizations of that fraternity and that sorority. And she has sued seven men claiming that they gang raped her or in some way participated or facilitated her gang rape. And I'm just going to tell you, one person's threesome is a greedy tort lawyer's gang rape. And that's really what this case comes down to. were these threesomes, and there was more than one, that she engaged in voluntarily,

or were they gang rapes, as every single media outlet now would have you believe? Because the press saw gang rape at Cornell, an Ivy League university, and was delighted to run with that story. And just the same as they did with the Duke players down in Durham 20 years ago. I mean, they were very quick to believe that elite students at Duke University who, oh, played lacrosse, 100% they gang raped that poor black stripper. They did it. And as it turns out, those boys never laid a finger on Crystal Mangum, who was a very disturbed young woman who made up those charges, entirely made up those charges against three boys. who almost lost their freedom because the psychopath made allegations against them

and then met up with another psychopath, DA Mike Nyfong, who decided it would be great to be re-elected DA on the backs of those three boys and did not care when piece after piece of the evidence came back, exonerating them. Now, this is a different case because these men accused, many of them, do appear to have laid hands on Jane Doe. Again, they haven't answered the charge. So there's been no admission that they had sex with her or anything, but we'll assume for purposes of today that she will be able to establish

there was sex inside the Kai Phi fraternity house involving her that night. Because even this woman, as she hurls rape accusations, is saying, here's exactly what happened and with whom. I think this dispute will come down to, was it forcible or not? Did she consent or not? Did she have the ability to consent or not? Or was she physically incapacitated? So it's not the same as Duke. Duke was one of the most outrageous cases I've ever covered. It was the story I cut my teeth on as a young reporter at Fox. It was so outrageous because it was entirely fabricated. And you had a media narrative that swallowed it, hook, line, and sinker because of, the rich boys. By the way, they weren't all rich. Because of the skin color, they were white, she was black, because of the nature of Durham housing a university like Duke, Durham's majority black, minority, and Duke's not. And just the privilege that was involved, the so-called

privilege or perceived privilege, not to mention the lax bro culture, et cetera. But it was an outrage. Those boys did nothing wrong. They were the victims. And Crystal Mangum was the villain. She was absolutely the victim. A lot of people took it easy on her saying, oh, she has mental problems. I don't give a shit. She was fine. She wasn't well. She wasn't like a well person, but she did this willingly. She had the DNA, the semen of five other men inside of her. On the night she accused these three Duke players of raping her, not one of whom was a Duke lacrosse player. That's just one of the facts that came out that Mike Nyfong knew about and didn't drop the case, continued forward against those players. I mean, that case was just so egregious. So it doesn't

compared to this one, where there does appear to have been some sort of encounter or errs. So we're going to go through it now. So the civil lawsuit comes out. And I've read the complaint. It's long. It's over 100 pages. But that's mostly because she's sued so many people. She's got to allege individual actions by each one and facts about each one as well.

But I will tell you, the summons suburb. of the complaint, the civil complaint, is that there were one, two, three interludes that night involving sex and maybe one or two others involving groping or something less than sex. And now she is claiming she did not consent to anyone, nothing, was consented to. She tells a story of going out on the Cornell campus that evening. being served, though she was only 20 years old, in at least two bars, and I believe at the Delta, Delta, Delta sorority house. I'll correct myself on that if I'm wrong, but I think that's how they got looped in. And then, late in the evening, going over to the Kai Phi fraternity house

and meeting with a defendant. Now, the Cornell student newspaper has chosen to name the seven boys. let me just tell you, I've said this before, I think it's absolute bullshit that a complaint like this can name young men and she can go by Jane Doe. So their reputations instantly get ruined, which they have, they have been, absolutely. One has already been from his job at a Wells Fargo bank. Sounds like he worked in an actual bank, not like the big Wells Fargo, but like a branch store. and he's already been fired, one of the seven. Two of the boys were expelled from Cornell. Cornell conducted its own investigation, and the discipline they handed down was two boys would be expelled. We have not been able to ascertain which boys.

I'm saying boys, young men. I'm trying to distinguish between boys and a girl. But they're all young men, and she's a young moment. Two got expelled. several got temporarily suspended and we don't know what else happened or whom was expelled. I do not know. So she is alleging at least three interludes with four different men. Okay, so one guy is alleged to have participated in two of the interludes.

another guy is alleged to have participated in two of the interludes. And then there are two other guys who are alleged to have participated in one interlude each. So total, we have four men with whom she alleges she had sex. She's alleging rape now, but just bear with me. So four men. And we're not going to name them. It's just so wrong. Again, like, why?

Why does the media choose to call her Jane Doe and choose to name the men? I'm just going to tell you right now, if her identity is revealed, I am going to name her. I am going to name her. I am not okay with the accused having their identities plastered all over the newspapers and accusers getting this blanket of protection from the. courts and or the media. Now, the courts I can't do anything about, but the media I can. Why? Why does she get the blanket of anonymity? Even if she's a victim, I'm sorry, but that's just, that doesn't make any sense. If you really want anonymity, unfortunately, you have to stay out of the court system.

If you file a civil lawsuit asking for money damages, you are in the court system and your name is as fair game as the names of the defendants. And I just, I don't think we can continue this farce of pretending all accusers are actual victims whose identities must be protected and all defendants are presumed guilty and their lives will be ruined the second the complaint is filed. This is fucked up. I'm just done with this. And I can speak to this as somebody who did come forward against someone.

against someone for having sexually harassed her, and did that using my real name and understanding that the person being accused was going to find out I had done that. And I had a long talk with my own personal lawyer, who was a guy from Jones Day, who I love and were still friends, and he had been my partner at Jones Day. I wasn't a partner, but he was a partner. And then I hired him to deal with that whole, you know, Me Too situation of Fox.

And I remember talking to him about the fact that I was scared to have my boss find out that I was cooperating with the investigation. But, and he said to me, it's only fair. He's got to have the opportunity to defend himself. And I said, you know what? You're right. But I knew that before I cooperated. And I cooperated anyway because I understood if you're going to make an allegation that is as serious as that, you're going to have to stand behind it. you're going to have to really make it as you and put your name and reputation behind it.

This is, I don't understand why we're doing this still in 2026 America when we've had so many fake claims brought against men. And if it's a real victim being, you know, attacked and harassed by, you know, an actual perpetrator, that'll be an unfortunate. consequence, but eventually the man is going to know anyway. If you go forward in a civil case, the man finds out. It's just the society who we're protecting. In any event, okay, I'm off on a tangent, but it's just these guys are already suffering consequences before a case has been proven. And she is still cloaked behind the anonymity of Jane Doe. And this woman has got some serious

problems with her story and is, in my view, trying to ruin these boys' lives. So, Like, how are we protecting her? This is fucked up. I feel complicit. I don't know her name, but it's going to come out. And at that point, you know, maybe we'll name everybody. If we're going to name one half, we'll name everybody. But we're not doing the half and half shit anymore.

I'm just, we're not doing that. So she alleges she went over to the Kai Phi fraternity house because she wanted to see defendant number one. And she appears to have had a friendship with defendant number one. and he welcomed her. She claims that she was intoxicated when she got there. She claims in her complaint, plaintiff was visibly intoxicated as she had consumed about 10 standard drinks within the past three hours.

That's a lot. That's a lot of liquor. Note to young women on college campuses and beyond. Don't consume 10 drinks in an evening and expect good things to happen to you. They won't. You can take it to the bank. Ten drinks? In three hours?

What do you think is going to happen? You think your judgment's going to be intact? Think you're going to make decisions that are good, positive, rewarding, that you're going to feel good about the next day. You're not. Stop that. Get it together. You know, we've talked to our country.

kids about drinking. We know they're going to go off to college and they're probably going to have drinks. I mean, we're not idiots. But we talk to our kids all the time, like, no more than two. If you choose to drink and not drinking is a very viable option, we talked to them about people who don't drink at all, who we know they admire. And I'm not at all sure that all three of my kids will wind up drinking. But whatever, you have to talk to your kids about how much is too much. Two drinks. That'll do it. Look, are they going to listen to this? I don't know. I remember how I was when I was that age, and I definitely did not stop it too every night of my college career. But I think my kids might.

Like the drinking attitude has changed a lot on college campuses these days. And there's just been so much education since then and so much light shed on what can happen. So it was reckless for this woman to do this, and she's dealing with the consequences of that right now. So she claimed she arrived having consumed 10 in the past three hours. She was greeted by defendant 1 and that he gave her a beer. Now, he didn't know she had 10 drinks, but okay, any young woman showing up at a fraternity house at 11 o'clock at night is almost certainly going to be offered a beer. You can kind of take that one to the bank, too.

They then danced together in the main room of the fraternity house. After dancing, defendant one pulled plaintiff off to a quieter area and propositioned her with having a threesome with her and another one of his fraternity brothers. This is her alleging that he asked her if she wanted to have a threesome. Now, her lawyer alleges in her drunken state, plaintiff was incapable of consenting to the proposition. Despite being incapable of consent, defendant one then led plaintiff to the upstate. of the fraternity house and left her with somebody, another member. After speaking with that someone for a short time, defendant one returned and led plaintiff to another room down the hall where defendant two was sitting on a couch. Now I'm just going to say up front,

defendant two seems like a fucking douchebag and I hope he was one of the two who got expelled. I really have no love loss for defendant two. I do not see him as a rapist or a gang rapist but he really has got to spend some time with God and hopefully his own conscious, conscience, and think about what went down that night. Because if what she alleges about him is true, he emerges as a bit of a villain. If what she alleges about him. The reason I'm comfortable saying this is, yes, what she alleges, but also his name is on the Snapchat group chat that's been leaked. There's only one page of messages. I'm going to read it to you.

And it certainly doesn't reflect well on the young men of Kai Phi, nor in particular, on defendant Newell. So defendant Newell, oh, sorry, I didn't mean to say that. Defendant number two. I'm not revealing anything that's not already public. I'm just violating my own policy. but I will say that defendant number two in the group chat is the one who allegedly texted to the rest of the Kai-Fi active members, and I'm just going to say it, quote, free pussy in alum, P.U, which means, I think, an alumni room upstairs. Okay, so he, according to this exchange that's been made public, allegedly texted to the rest of the Kai Phi active members.

free P-word. This is crazy work. Then somebody responded, free dot, dot, dot. Then a third member responded, blank, one of the members, went seven minutes ago and is not AFK. So, and I don't know what AFK means. There's at least one AFK reference online and online slang that says it means at fucking keyboard. It's kind of a slang for he's not AFK. That, That could mean that he went seven minutes ago and he's not back. So like it's happening? I don't know. I'm just taking a stab at it.

Another defendant number one chimes in, I fucking love Kai Pai. Kai Fai, sorry. Another chimes in Kai Fai, long eyes. The one who says, it says blank went seven minutes ago and is not AFK. so then chums in. The alumni shimes in. The alumni shit is not a bit. First person, POV, not a bit. Don't know what that means. Defendant number one chimes in, like you can walk in and whip it out. Now, that's her friend. Defendant one, like you can walk in and whip it out. And, you know, who allegedly wrote here, I fucking love Kai Fai. That's her

alleged friend who greeted her at the door and danced with her and gave her a beer and is involved in at least two of the alleged threesome's gang rapes, you know, depends on who you ask. So there's no, who would be proud of this? Who would look at this and say, yeah, I really hope my son behaves this way? No one. Literally no one. And that first text that I read from defendant number two, free P word. basically upstairs is really despicable.

It's despicable. And it is the reason the case is now being reopened because she's filed her civil lawsuit two years later, but nothing was done in terms of filing charges two years earlier when she first went to Cornell campus police because of the statement she made, which we are about to get to. But no criminal charges were filed by the Ithaca County DA. And the campus police, as I said, investigated it and the campus itself investigated it.

And they suspended some and expelled too. But no criminal charges were filed. And the main reason it appears that the DA, now having been excoriated by all the media for not filing gang rape charges, is saying, I'm going to take the case to the grand jury now, is this Snapchat. exchange, as I just read to you. I think it's just public pressure. One other thing has come to light, which is he reviewed the victim or the accuser's six-page single-spaced statement with her handwritten notations like on various pages. He had read that when he determined not to bring charges two years ago. Since then, it's become clear that before that she gave an interview to campus police, and that interview was transcribed or at least

heavily notated. And CBS has gotten its hands on the interview notes or transcript from when she sat with cops prior to her six-page statement. It appears, based on what the DA has said publicly, he saw the latter her six-page statement, but that he has never seen the notes. The of the cops as they interviewed her prior to her written statement that she signed and verified, meaning under oath, I believe. He's now saying he wants to see that, that he had never seen that. And what's emerged from CBS, which says it's gotten its hands on that interview exchange with the cops, is that she explicitly said that she was incapacitated and that she was raped, that she used the word raped.

Now, in the six-page statement, she doesn't say I was raped according to ABC. Okay, CBS got the transcript with the cops. ABC got the six-page statement. And the DA has the six-page statement, but is not releasing it. and so far ABC is not releasing the six-page statement either. The DA did release a nine-page statement of his own with numerous generously quoting from the six-page statement but said, I'm not going to release a statement now because for privacy reasons, et cetera.

But ABC, which has seen the six-page statement signed by the accuser, says the only mention to rape was her hypothetical saying if they had had sex with me after I told them I didn't. There was at one point, I think, a foursome proposed and she said, no, I don't want that. And she said something to the effect of if they went ahead and did that, that would be rape. And that, according to ABC, is the only mention of rape. Yeah, here it is. CNN reported on this whole thing, citing the ABC report, citing the, citing the CBS report, and they reported that she described in her interview or in her six-page

statement thinking that if she passed out and the men had sex with her, they could be charged with rape. The only reference of rape mentioned in her six-page statement, according to ABC. So when it was time to actually sit down and swear to what happened, she did not say she was raped. She had a hypothetical about if they did something to me while I was asleep, that would have been rape. Now, in the interview with the cops, which near as I can tell, though I haven't been able to nail down specific dates, but it would only make sense, would have preceded the written statement under oath, that she said to the police sitting down with them that she believed

she'd been raped and offered a couple of other details. A campus police investigator led the questioning with a Title IX investigator there from Cornell, a victim's rights advocate, and Jane Doe's advisor. So she had three people in that room whose sole job was to protect her. And then a campus police investigator who was taking down her story. Let's see. She did describe, allegedly, being, oh, okay, the transcripts detail how she told police she was pretty okay with the initial sexual activity of the evening, but told them that she did not consent to what occurred later that night. In the statement, okay, blah, blah, right, right, right.

I just want to make sure I get this sequentially for you. Yeah. Okay. And in that, she does say that she was incapacitated. That's another thing that she allegedly says here. I can say with 100% confidence, I was raped. This is, again, CBS is reporting, having looked at her interview. She was asked whether she was okay with the initial encounter and said, yeah, as much as I can be.

because again, I was super drunk when I got there. But I was pretty okay with all of this. She then added, according to the transcript of the interview with the Cornell cops, and then, of course, I was being hit at the same time, physically hit very, very hard. She alleges that in the course of that first threesome or gang rape, depending on who you ask, that defendant number two was, forgive me, having sex with her from her. behind and that he was hitting her rear end hard enough to leave a bruise. So that's the reference here to I was hit very, very hard. According to the transcript that's again, CBS is reviewed of her

interview with campus cops. She said she didn't remember the end of the night, quote, where I was raped and didn't know how many people had sex with her. When describing what happened later in the evening, the transcript says Jane Doe said, quote, I can say with 100% confidence, I was raped. Now, this also reports that it was the investigator who prepared Jane Doe's written statement, that six-page statement. And, you know, so this wasn't done in her own hand at a keyboard. But the DA has told us already that it was signed by her, sworn to by her, and has her written notes at various points in it. So clearly Jane Doe did review whatever the investigator typed and was fine with it and swore to it. The investigator at one point, okay, at one point she said

she swatted one man's hand away and told him she was uncomfortable. She told another man no a few times or that she was too tired. Was it no or was it, eh, I'm tired, asked the investigator, according to the transcript. The transcript says Jane Doe responded, I think it's, I'm tired. Now, that's different. That is very different. I mean, frankly, ask any wife on earth. I'm tired is not always heard by your partner as no.

They may not give up upon hearing the magic words, I'm tired. And so just because they tried again after I'm tired does not, absolutely does not mean there's been no consent. What has to happen next if there's no consent is the answer's no. And then he's got to force you, himself on you. Okay, so this is, that's what the investigator's going for. And he's right to ask that question. And she said, it's just, I'm tired. According to the transcript, the investigator later asked whether she got tired of answering

the men's questions and gave in. Yes, she says. So she, in response to that, she says, yes, that's what happened. She got tired of answering their questions about what she wanted, et cetera, and she gave in. But then she adds, it was coercion. Yes. She also said she was, quote, completely and totally incapacitated. Now, that is an important, and before signing, because apparently when she signed her six-page

statement, her advisor asked her if she wanted her and another advisor to review the statement. And Jane Doe, before she signed, said, quote, I'm very confident. confident about this and signed away. So she had advisors. She read it. She said she was very confident about it. And then she signed a statement, not alleging rape. The written statement doesn't allege rape, at least not according to ABC, which has reviewed the six-page statement as reported by CNN, which looked at all the reporting. Her telling the campus cops, I was completely and totally incapacitated and that it was coercion is helpful. I mean, it's better than her saying there was no coercion, which is basically what her

written statement says. And it's better than her saying, I was not incapacitated. I was making decisions on my own, which is basically what her six-page written statement says. But the fact that in speaking to the campus cops, she originally said it was coercion and I was completely and totally incapacitated is not the end of the matter. Because if you look at the six-page statement, again, I haven't seen it, and I reserve the right to change my analysis once I've laid eyes on the actual six-page statement, and hopefully

the transcript of the interview with campus cops. But if you look at the lengthy excerpts released by the DA in particular and by ABC, which has seen it, you see a woman who does appear to have capacity throughout the evening and who is making conscious choices about what she will do and what she will not do. And deciding throughout the evening what she's into and what she's not, what she's okay with and what she's not, when she wants to fool around and when she wants to rest. And this is what devastated the ability of the deed. to go forward.

All right. So now I've told you what she said to the campus cops as best we know it. And what happened in the Snapchat messaging at Kai Phi while it was going on, despicable. But now I want to get into what was in that six-page statement as we understand it. And that brings me to the DA's nine-page memo. This DA is clearly frustrated that he's being painted as like a hater of women when he's trying to tell us, you've got to read the law in New York State. And you've got to listen to me on what she was actually claiming.

Two years before, she found a civil torts lawyer. So we will do that. Here is what he writes. He says Jane Doe's sworn statement, so it was sworn. that means under penalties of perjury. Unlike an interview with cops, okay, campus cops at Cornell. I'm just saying some of the discrepancies

may be attributable to the fact that it is one thing when you're just sitting there sort of recounting things to campus cops, and it is another when you sign under penalties of perjury, things like I was completely incapacitated. That, as near as I can tell, did not make its way into the sworn statement. Did not.

rape did not make its way into the sworn statement other than as a hypothetical if I had fallen asleep and then they continued having sex with me, then that would be rape. That's not an accusation. That's amusing. A space musing. Here is what she wrote according to the DA Van Houghton. That's his name Van Houghton. the Tompkins County District Attorney.

That's Ithaca, New York, where Cornell is Matthew Van Houghton. She made more than 20 handwritten notations to the six-page document, single-spaced. The signature page contains the following language. I have read this statement consisting of six pages and the facts contained herein

are true and correct. I understand that making a false written statement is punishable as a Class A misdemeanor pursuant to blah-b-b-bba penal law of the state of New York. As I explained further below, writes the DA, the statement, especially as it relates to the legal definition of lack of consent provides a different narrative and set of facts of the evening, the events of the evening of

October 19th, 2024, then those alleged in the civil complaint. Back to the civil complaint. You remember, I read to you, her story is, I showed up intoxicated and incapable of making decisions. They gave me more alcohol as soon as I got there. And I was, in no capacity to consent to anything. The first interlude nor any other. In this case, he writes multiple prosecutors and criminal investigators reviewed Jane Doe's statement and correctly determined the alleged facts as set forth in that statement do not constitute a crime. The decision was not because the case would have been difficult to prove in court. It was because the facts as set forth in the statement, objectively prevent the filing of criminal charges. To be clear, the

credibility of the woman who described the facts in excruciating detail was never in question. He's saying, I believed her. We all believed her. She did not state a crime. The story as told to us, cops, criminal investigators, sex crimes prosecutors did not amount to a crime under New York State law, and that is my own belief as well, having reviewed it. I'm just going to tell you before I get into this. We've looked at the law independently, all right? Unlike a lot of these pundits out there, I've actually practiced law. I've actually handled difficult cases like this. And I can tell you that the law in New York is not on this woman's side. Because basically, what it says is if you can, if you allege that you've been completely physically incapacitated, like you, somebody got on top of you and had

sex with you when you were completely passed out, you're there. You got a rape case. That case would have been charged. Total physical incapacitation would get you to a rape charge. But if you allege that you were voluntarily intoxicated, that you were conscious but very drunk or high, very high on drugs, but conscious, and that the reason you got very drunk, or very high, was your own choices to drink a lot or do a lot of drugs. But you are not physically incapacitated, i.e. passed out or asleep. You cannot be charged. That is not a charge for sexual assault or rape under New York law. You may not like the law? That's the law. Take it up with your state legislatures. This is not known as a particularly

conservative one in New York State. And what the legislature of New York saw fit to do was create a rape law that would allow you to bring rape charges only under specific circumstances, okay? And we're not there. But I'm going to save the specific legal definitions for when I'm done. I've given you the highlight that you need to understand. Look for an allegation in her six-page statement that she was completely physically incapacitated when the men were having sex with her. We're going to need that, or we're going to need them forcing her to take a drug. And she did not consent to take the drug or drink the drink. That's what we're going to need.

All right, here's what the DA says she alleged. By the way, he also says that when they decided that they couldn't bring charges, he writes, as is my long-standing policy in cases such as this, we asked the Cornell PD to inform Jane Doe at her option that we would personally meet with her to explain our decision and answer any of her questions. They said for two years, she never contacted us nor asked for this. Neither Jane Doe nor her attorneys ever contacted us to seek answers, to ask for reconnoissements. consideration of her case to suggest her sworn statement was inaccurate. Nothing. Absolutely nothing for two years. The first he heard there was any beef with it whatsoever was when he read her civil

complaint. And you've got her lawyer running around right now saying it's outrageous. They never followed up with her. Well, they made a determination after she sat for two days in a row giving a police a statement. Then she signed a written statement under oath that was six pages, single spaced with her handwritten notations. And she swore to it. And she swore to it. and they said there isn't a crime here, but if she would like to discuss more or bring us more information, we are here for her, and she never did.

And now you've got this DA being painted as some sort of a bastard because he didn't see a crime. And he didn't interview the alleged victim. He doesn't have to do that. The cops are principally the chief investigators of crimes. They're the ones who will interview you.

And then the DA will use that interview. I mean, how many times on law and order do you see, it's the cops who sit down and say, these are your rights under Miranda and, you know, anything you say can be, can it will be used against you in a court of law. That's a cop's job. So she, this is like they're trying to paint this DA as having committed a dereliction of duty, but he didn't.

He didn't. He went off of what she said after two days of being questioned with three victims rights advocates in the room for her and a cop who's new. doing the questioning and no representation for the defendants. He did nothing wrong, this DA. He says where words appear in quotes, they are exactly as they appear in her statement. He writes this. On the evening of October 19th, 2024, Jane Doe walked the approximately one mile

distance from lot 10 in the city of Ithaca to the Kai-5 fraternity at 107, Edgemore Lane, to meet her friend, male number one. She had made plans to meet mail number one earlier in the week and had been texting mail number one that she was on the way. That's in quotes, had been texting him that she was on the way. Jane Doe described her level of intoxication as a five out of ten when she arrived at the fraternity. Five out of ten.

It's not great. It's not total incapacitation. While there, Jane Doe opened one previously unopened can of beer. So she opened it. She and male number one, quote, danced a little in a way that, quote, was definitely flirtatious in nature, end quote. Male number one brought Jane Doe to a, quote, quiet area, end quote, asked how Jane Doe would feel about having a threesome with two male partners.

This is Jane Doe alleging specifically she was asked about how she would feel about it. The guy did not get on top of her. He was not having sex with her. And then, boom, there's a second guy in the room was jumping on her. That's not what happened. He asked her how she would feel about having a threesome. Jane Doe, quote, agreed. due to how attracted she was to male number one on top of her drunken curiousness, end quote.

That's from her. She is telling the police that she agreed to a threesome based on how attractive male number one was to her. And also, she had drunken curiousness. That's her word. That's not I was completely and totally incapacitated folks. When she learned that male number two, that's the guy who we believe, said free P-word upstairs, would be the third participant in their interlude. Jane Doe, quote, remembered being excited because she thought that male number one and male number two wanting to have a threesome meant that they were gay, end quote.

No one understands what she, how does that excite you? You want to see two gay guys get it on? You're excited because you're a woke leftist at Cornell and you're thrilled. to affirm somebody's gay identity. I don't know what that is. But again, this is her words. Not like I was scared. I didn't want to do it. I was reluctant.

I was excited. And I agreed because I thought the guy was hot. I mean, that, these are her words. Both of these two guys have been sued. And she would like to have them criminally charged. The three engaged in a threesome involving oral and vaginal sex. in a room of the fraternity.

At the start of the threesome, Jane Doe described her intoxication level as a five or six out of ten and said she was, quote, pretty okay with having this threesome. Pretty okay with it. It goes on from here. We're nowhere near done, but we do have to take a quick break. We'll be right back. Feeling sluggish, bloated, not quite like yourself. Life constantly bombards us with silent threats.

Processed foods, artificial light, nonstop stress. all of which can disrupt gut health, drain energy, and weaken immune health. When that happens, it's not that your body's broken, it's that it might be missing the right inputs. That's why I want to tell you about Armora Cholostrum. It's packed with more than 400 bioactive nutrients that they say can work at a foundational level to fortify gut health, support immune health, fuel recovery, and promote whole body vitality.

Strong gut integrity can support metabolism, skin, and hair health, and even performance and recovery, which is why colustrum has long been valued by some elite athletes as well. If you were looking to take back control of your health from the inside out, consider Armra. And they have a special deal just for you. Go to armora.com slash Megan or enter Megan to get 30% off your first subscription order. That's A-R-M-R-A.com slash Megan. We are at interlude number one. And where we left off was Jane Doe alleged that She agreed, this is her allegation that she signed under penalties of perjury, she agreed to a threesome due to how attracted she was to male number one on top of her drunken curiousness and remembered being excited about it. The three engaged in a, quote, threesome, her word. That's in quotes, her word, involving oral and vaginal sex in a room of the fraternity.

At the start of the threesome, she described her intoxication level as a five or six at a ten and that she was, quote, pretty, okay with having this threesome. Again, she's using the word threesome. The sexual conduct ended when Jane Doe, quote, noticed that male number one appeared really sleepy and was no longer fully erect, end quote. She told male number two, quote, they needed to stop having sex in order to make sure male number one was okay. Mail number two then stopped having sex with Jane Doe. So what we have here is a woman who says, I want to stop because I'm worried about that first guy. And male number two saying, let's stop. And they stopped. That is not forcible sex. That is not total incapacitation. That is her telling one of her alleged rapists, please stop.

And he says, okay, and does. By the way, she is speaking of an incapacity issue when it comes to male number one, who can't keep his eyes open, and seems to be drifting in and out of consciousness. She may use the word sleep. His lawyer may have a different story. Now, it's nearly physically impossible to enforce a sex act on a man, like a penetrative vaginal or oral sex act, I guess, on a man who's incapacitated. So I think she's probably in the clear criminally. But if I represented male number one, I'm not sure. Okay. So male number two listens, and he stops.

Mail number one said he was, quote, he was going to take a nap and refresh himself. end quote, and quote, would eventually stumble his way from the couch to the bed. So he can't keep his eyes open and he's stumbling around. I mean, query whether he had capacity to be there doing anything. While male number one slept, male number two began to dry heave. He's not in good shape either, folks. As if he was going to vomit. Jane Doe, quote, began to take care of male number two by patting his back while also waking male number one every few minutes to make sure he was okay.

end quote. This woman knows full well. These two young men are beyond blitzed to the point where one is dry heaving and she's got to rub his back to make sure he's doing okay. And she's got to, she says, uh, yeah, wake the sleeping male number one every few minutes to make sure he's not dead or with alcohol poisoning, obviously. Why are you waking your rapist? I mean, this is, this is not what happened. This is the one she thought was hot. Who met her and danced with her? She was excited to be with him. And she's worried about how far gone these two guys are. Jane Doe, quote, was consoling male number two on the couch and telling him that it was okay if he needed a vomit.

male number two, still in quotes here, told Jane Doe, he was pretty sure he wasn't going to vomit. Eventually, Jane Doe and male number two would start making out for a very short amount of time, end quote. While they were making out, quote, male number two reached for the area near her vagina several times, and each time he did, she would swat his hand away, end quote. There's nothing about, but he forced it down there anyway. He tried a few times and she swatted it away, and that seems to have been that. Then, mail number three knocked on the door of the room. Jane Doe, quote, again, the quotes are quoting Jane Doe, decided to let him in because it was his room. She opened the door and let Mail number three in the room. Mail number three, quote, introduced himself to Jane Doe and reached out to shake her hand, end quote. Quote, when Jane Doe made contact with male number three's hand, male number three pulled Jane Doe into him and they began making out. out. While male number three was kissing her, male number two began groping her, end quote. Eventually,

quote, male number two, male number three, and Jane Doe would end up on the bed next to where male number one was sleeping. And they began to have a threesome. This is in quotes, male number one would eventually wake up and said he wanted to take part and asked about making it a four. to which Jane Doe said, quote, hell no. Jane Doe rejected this request, quote, because she knew that a forsome meant that she would have to take part in anal sex, end quote. Jane Doe then remembered male number three leaving the room. So here you have male number two, male number three, in bed, next to mail number one, and

beginning to have what she calls a threesome in her six. page statement. Then she says, mail number one wakes up and says, how about a foursome? And her response is, hell no. She does not say, they then forced me to have a forcum. She says he proposed it. She said, hell no. And then number three left the room. A group of other men later determined to be male number four, number five, number six, and number seven. Okay, so you've got four more. We've already we've already dealt with males one through three. And now we've got four more who come into the story. Then entered the room.

A group of other men then entered the room. Jane Doe hid under the covers of the bed. Mail number two laid in bed next to Jane Doe. Male number one sat on the corner of the bed. Mail number one introduced the other males to Jane Doe. Jane Doe had difficulty remembering parts of what happened next. She remembered, quote, male number seven said something very rude and mean to her, end quote. Mail number seven apologized, and, quote, grabbed her face and started kissing her, end quote.

Jane Doe, quote, quickly backed away to stop male number seven from kissing her, end quote. Mail number two, quote, asked Jane Doe if she wanted to do more ketamine, end quote. At that, Jane Doe remembered that she had taken ketamine at some point on the couch, with male number one and male number two during this night, end quote. But she could not remember, quote, where or when that took place. So here she reveals that she did ketamine with males one and two earlier in the evening. And she's now meeting male number seven. And in the midst of that, male number two pipes in, do you want to do more ketamine?

Jane Doe thought that she, quote, had already done ketamine once, so why not do it a second time? End quote. That's her. Jane Doe thought, quote, she had already done ketamine once, so why not do it a second time? End quote. That is a thinking woman who's making a choice about how she wants to feel in the process of this evening. and not somebody on whom this drug was forced, somebody who says,

oh, what the hell? I did it once. Why not do it again? This is why prosecutors walked away thinking this was a drug-fueled, debauchery-filled evening, but it was not forced drugs and gang rape, as the media would now tell you, and she would now tell you in her civil complaint.

Mail number two at this point poured a line of ketamine on his erect penis implying for her to snort the line. Jane Doe snorted the line of ketamine, which was a heavy amount of ketamine. That was all quotes, by the way. This is her alleging this. At that point, male number two poured a line on his erect penis. That's all her, saying that I then snorted the line of ketamine, which was a heavy amount of ketamine, end quote.

Jane Doe was under the covers of the bed at that point. I'm sorry, Jane Doe was under the covers of the bed at that point, and male number two got under the covers with her, where he again tried reaching for the area of her vagina, end quote. I mean, let's just face it. Mail number two is the aggressor in this entire story. And as, if I'm correct, is the guy in the snapchat saying free P word upstairs. If it's not, we'll correct that. But the complaint names these guys.

So pretty sure I have my facts right. And seems to be the most aggressive here, but not a rapist, but continuously all over. her. The males begin complimenting Jane Doe, end quote, talking about how pretty she was, end quote. Mail number four, quote, asked Jane Doe if they could all do drugs off of her perfect body, end quote. Jane Doe responded, quote, sure. This is Jane Doe saying, sure. First she says, ah, I'd already done ketamine once, so why not do it a second time? Then they say, can we do drugs off of your perfect body? She says her response was, sure. sure think about it i mean for all these people like calling for these guys heads if this were your son and you had a sworn statement by his accuser saying sure go ahead and snort the drugs off me yeah i thought i'd do more ketamine because i'd already taken it once why not and yeah i was pretty into the threesome do you think you'd be at your wits end about what is being alleged about your kid by everybody i mean this is kind of like Duke in that, you know, maybe minus 15%.

In Duke, everybody ran with their guilty. Here, you've got some, even Sonny Hustin, to her credit, who pumped the break saying, let me tell you about the law in New York State and spoke a bit to what I've been outlining here. So sure, while the men were doing drugs off her body, quote, mail number three and another male entered the room and said something like, okay, we're shutting down. whatever the fuck this is, end quote. So there you have male number three

and some other guy whose name we're going to wind up knowing because he seems to be doing the right thing saying we're shutting this shit down. Jane Doe felt dizzy. Due to a pre-existing medical condition causing dizziness combined with the effects of ketamine use.

Male five or six, who apparently have the same name, quote, encouraged her to stay seated as long as she needed, end quote. Eventually, quote, male number one and male number four ushered Jane Doe out of the room, brought her upstairs to a small room, end quote. Mail number one stated, let's do more ketamine, end quote. Jane Doe, quote, remembered snorting more ketamine, end quote, and quote, remembered feeling extremely high, end quote, male number one, quote, said he wanted to have sex again because

he wanted redemption for passing out earlier in the night, end quote. Jane Doe initially stated that she was tired and asked male number one, Quote, what happened to just you and me? End quote. Can I tell you this is the saddest line in the entire thing? This is sad. This girl obviously had the hots for male number one. She went over to that fraternity house wanting to hook up with him, possibly get this guy's her boyfriend, who knows. Mail number one is the one who introduced the idea of a threesome. Male number one was obviously blitzed out of his mind. male number one allowed six other men to come into the room and appears to have been there the

whole time, her so-called friend. And this woman who, I'm just going to, you know, go out in a limb and guess, possibly isn't the most attractive girl on campus, possibly just a complete random stab in the dark, has some history that made her particularly vulnerable. because I think most women, I can tell you for a fact, my daughter, would never have herself in this position. She is too strong in her ego. Like she is too sound to ever make these decisions. And I think possibly this young woman may have been victimized in her past.

There may have been some sort of insecurity issue. There was something there that made her continuously say yes to this, as opposed to saying, what in the actual fuck, get the fuck off of me and walk out of there and say no to the ketamine and no to everything and no to 10 drinks earlier and no to all of it and think anything good is going to happen after 10 drinks showing up on the doorstep of a fraternity member. That's not to excuse them, but it's also not to excuse her. But this is the saddest thing. What happened to just you and me?

This is where these guys really need to examine their own behavior that she wanted a boyfriend, I think. Maybe she wanted to hook up, but she clearly had a crush on this guy. The male number one has got a lot of soul searching to do. Why? Why was that your response? Why? Why was your instinct to take advantage of her and let her be had by all these men in your fraternity? It's despicable.

It's just so filthy. It's, I mean, it's shameful. It's wrong. It's wrong. It's morally wrong. I don't, you won't find me disputing that. But it's not a crime unless certain legal boxes are checked, and they're not here. Let me keep going.

Jane Doe could not remember how it started, but she then engaged in a threesome with male number one and male number four involving oral sex and vaginal sex. She described her level of intoxication as, quote, eight out of ten at this point. quote, the threesome continued until at some point around 5.45 a.m. Jane Doe said she was tired and needed to turn in. This is all in quotes. At that point, both guys stopped the threesome with her as far as she can remember, end quote. So she is communicating. She openly asks, mail number one, what happened to just you and me?

And she remembers it. She couldn't remember exactly how it started, but then she knows she engaged in a threesome. with that guy, male number one and male number four, she was very intoxicated because she said, sure, because she said, I've already done ketamine once, so why not do it a second time? Because she had 10 drinks before she even showed up there,

because when handed that beer, when she arrived, she opened it and drank it. That's why she was so intoxicated. That's why she was 8 out of 10 at this point, but communicating and then calling it a night. She said she was tired and needed to turn in. At that point, both guys stopped. They stopped.

This is why the DA didn't bring charges. Everyone's talking about weight loss injections because the results can be so dramatic. They work by lowering blood sugar and reducing appetite. But what if you're looking to lose weight but are not interested in painful weekly injections, especially when you hear about some of those intense side effects? That's why doctors created a weight loss supplement called lean, and the results could be remarkable. Lean says the studied ingredients in their product have been shown to lower your blood sugar, burn fat by converting it into energy, and curb your appetite and cravings so you are not as hungry.

But listen, lean is not for the casual dieter with only a few pounds to lose. The doctors at Brickhouse Nutrition created lean for frustrated dieters with 10 or more pounds to lose. You could get started with 20% off and free rush shipping, adding lean to your healthy diet and exercise plan. Visit takeleen.com and enter mK for your discount. That's promo code mk at takeleen.com. Let's talk about something that is not always the most comfortable subject, but it is incredibly important, making sure the people you love have financial security if something were to happen to you. Life insurance, it can be easy to put off.

We don't want to think about it, right? but just think about it for like a couple minutes and you can get it taken care of. All right. Getting coverage does not have to be complicated. This is why you need to know about ethos. Ethos makes getting life insurance fast and easy. And the entire process is 100% online. You can get a quote in seconds, apply in minutes, and get same day coverage. There's no medical exam. You just answer a few simple health questions online and you can get up to three million bucks in coverage. And some policies are as low as $30 a month. So if you've been putting off getting life insurance, take 10 minutes and look into coverage through ethos today. It could be an important step toward helping

protect your loved ones and providing financial security for your family. Take 10 minutes to get covered today with life insurance through ethos. Get your free quote at ethos.com slash mk. That's ethOS.com slash mk. Application times may vary. Rates may vary too. Hey everyone. It's me, Megan Kelly. I've got some exciting news. I now have my very own channel on Sirius XM. It's called the Megan Kelly Channel and it is where you will hear the truth, unfiltered, with no agenda, and no apologies. Along with the Megan Kelly show, you're going to hear from people like Mark Halperin, Link Lauren, Morin Callahan, Emily Dyshinsky, Jesse Kelly, real clear politics and many more. It's bold, no BS news, only on the Megan Kelly channel, SiriusXM 11 and on the Sirius XM app. Let me tell you about the law in New York State. Okay. It's just,

I got my coffee here. Remember we talked about over the summer? Five cups of coffee a day or up to? Supposed to prevent dementia. Okay, I'm still drinking it. It's delicious. Also, while I'm remembering it, AFK, the slang is away from keyboard, at least according to some of the things online. So whatever. There seemed to be suggesting he went up there and he's not back in that Snapchat, screen grab, which by the way, was also released to her from one of the Khyfi members. And I have to say good for him. He was probably horrified when he saw it was on there and wanted her to know. And, you know, whether all of this could possibly amount to a civil case, it can't. But I share his disgust in reading the Snapchat, you know, I don't think the boys

should be spared from embarrassment. It's not great to have the entire national media calling them gang rapists and all these celebrities. That's, we've gone too far, of course, because we're very fucking pitchforky. Um, but they did wrong in that Snapchat. And this is wrong. I mean, all this behavior is wrong, as I've conceded, but not illegal in my view. All right, let me tell you the law. Under New York State Penal Law 130.05, every sexual assault offense requires proof beyond a reasonable doubt that the sexual act was committed without consent. of the victim without. As it relates to this case, this is from the DA statement. As it relates to this case, lack of consent can result from, now stay with me. Number one, forcible compulsion by the actor.

Number two, mental incapacitation of the victim. Number three, physical helplessness of the victim, or number four, with certain criminal charges where the victim clearly expressed that she did not consent to the act. All right, we're going to go through those. under New York State law, forcible compulsion, writes the DA, requires proof of the use of physical force to compel someone to engage in sexual conduct.

The facts provided by Jane Doe's statement do not allege that any person used physical force to compel Jane Doe to engage in sexual contact. Can't we all agree to that? There's nothing. There's nothing. There's nothing in the CBS report that looked at the statements to cops.

The ABC report that looked at the six-page statement, the DA report that looked at the six-page statement, the civil complaint. that alleged forcible compulsion, that the civil complaint is alleging incapacitation. That's what they're alleging, not forcible compulsion. So that's number one, gone. The second one, possible way of getting to lack of consult, consent, is mental incapacitation of the victim.

Here's the DA. Under New York state law, mental incapacitation occurs when a victim is rendered incapable of controlling her own conduct, stay with me. Due to the administration of a drug without her consent. Incapable of controlling her own conduct, which is its own independent element, due to the administration of a drug without her consent. And this is very clearly going for the rohypnal cases. The guy slips you a Mickey.

You then pass out. He then rapes you. There it is. That's mental incapacitation. That's what New York's law is getting at with mental incapacitation. And the DA here says the facts provided by Jane Doe's statement to not allege that she was either rendered incapable of controlling her own conduct or that any drug was administered to her without her consent. under New York State law, because the third prong possible way of proving no consent is physical helplessness, and this is important. Under New York State law, physical helplessness occurs when a victim is unconscious or physically unable to communicate unwillingness to act. This is what they're going for. physical helplessness. They can't be going for mental incapacitation

because the administration of the drug, it was not without her consent. I mean, I guess they can argue she consented, but she wasn't really consented because she was too incapacitated to consent. But that's not going to fly. If you look at the, we looked at the case law on this prong, mental incapacitation,

when you're rendered incapable of controlling your conduct due to the administration of a drug without your consent. And it's, it really is speaking. to when somebody else gave you the drug and you didn't consent to the drug at all. And then you were incapable of behaving in the way you'd want to behave. So physical helplessness occurs when a victim is unconscious or physically unable to communicate unwillingness to act. This is truly the rehypnal scenario.

You're whatever, you're physically passed out. It doesn't have to be rehypnal. this is like, you drank so much, you passed out, and you are all but dead to the world, and some guy gets on top of you and starts having sex with you, which is rape, because you're not consenting. You're so far gone. You don't even wake up. And that's what this is, that you are physically helpless.

You're unconscious or you're physically unable to communicate that you don't want this. So, I mean, that's very clearly rape. And what we have here is a situation where she was very high and very drunk due to the drugs she chose to take, the drinks she chose to have. And then is not alleging a situation when she sat down with police where she was incapable of controlling her own conduct. She was swatting away mail number two as he reached for the Vaj. she was declining a foursome because she didn't want to do anal. She was calling it a night when, you know, the evening progressed too late or too early into the wee morning, or wee morning hours.

She was making a decision. She was patting the one guy's back so that, you know, he'd feel better. She was saying, I'm waking up, male number one to make sure he's okay. This is not somebody who cannot control her own conduct. even the calling it a night, even looking at mail number one and saying, whatever happened to just the two of us, that is controlling your conduct. She is not unable to control her conduct. So she does not meet mental incapacitation, which is the third prom, where a victim is rendered incapable of controlling her own conduct due to the administration of a drug without her consent. Again, she had consented to the drug and she could control her own conduct. So they've got to go for physical helplessness. The fourth prong. And that only occurs when the victim is unconscious, which she wasn't. She doesn't even allege it. Or physically unable to communicate unwillingness to act.

She was able to communicate unwillingness to act. She said, I do not want to have a for some. She pushed the guy's hand away saying, stop, I don't want you to touch the vage to mail number two. She was checking on mail number one. She was rubbing the back of mail number two. She was able to communicate an unwillingness to act. She told them she wanted to call it a night and did not want to keep this rolling. So this is, you know, her own statement makes it clear that there's no way they're going to successfully bring charges.

And the Snapchat, back to the Snapchat, it's nasty, free P-word upstairs, is fucking gross. but that doesn't make this any more illegal. Let me just put it to you this way. If you've got a loose woman, however you want to discuss, let's choose your term. Sexually liberated, the left might say upstairs, saying, bring it on. You know, Bonnie Blue is up there.

He's had sex with a thousand men in a night. That would be free P-word upstairs. And there would be absolutely nothing wrong if Bonnie Blue is up there saying, send him up trying to meet a record here with these guys. It would be something morally disgusting about it, but there wouldn't be anything even arguably legally wrong with them going upstairs and doing that. And so the Snapchat messaging is gross.

Don't defend it as a moral matter, but I can defend it as a legal matter because it doesn't say, let's gang rape Jane Doe. It seems to be telegraphing. There's someone up there who's ready, willing, and able to have sex with a lot of of guys. And I can see why male number two thought that. I can see exactly why he thought that because she kept doing it. She seemed like a girl who wanted a party. Sure, snort the lines off my body. Go for it, new four guys. This is her statement we're getting this from. The boys have

issued no statement. I don't think it's going to get better for her when the boys issue their statement. This is her statement. Sure. Let's do lines off of my naked body. Why not with some more ketamine? Even though I know I already did it earlier, I'll sniff a line of ketamine off of your erect penis. Okay? By the way, erect penis man is, I believe, male number two, free P-word upstairs. I'm sorry, it's not nice, but you can see why he didn't have a belief about this gal that she was the most demure woman at Cornell. I'm sad for this girl. I'm sorry for her.

I think it got out of control because of the drinking that she had done. And there should have been somebody looking out for her in a perfect world. You know, I don't know, somebody at Tridelt, a friend. But that's not the way real life works. And you go to college, you're coming of age. You're learning the rules of the world. You are learning what's dangerous and what's not. And I'm sad for this girl.

she learned this lesson in such a hard way because she fell into the clutches of men who are immoral or at least were behaving immorally that night. That's an entirely different question about whether, than whether we should lock them up for 20 plus years. And that, that's just not what happened here. These guys thought they had a willing, happy partner who wanted to try. something new, something subversive, who was asked, how about a threesome, and said, yes. And did not say, even by her own allegation, stop at any point with her body or her words when it came to the actual sex acts that she did engage in. Ultimately, she did, and they

listened. Along the way, she did with the foursome, and they listened. This is a problem for her legally. The DA goes on. There is no evidence in her statement that she was unconscious or unable to communicate. And he points out, the failure to remember certain events days later is not sufficient evidence of unconsciousness at the time. And he writes, finally, there's no evidence that her statement indicates she clearly expressed she did not consent. According to the statement, each time Jane Doe asked to stop the sexual conduct, the sexual conduct, the sexual conduct stopped. Thus, with no evidence of a lack of consent, criminal charges simply could not

be sustained to instruct otherwise would have been to violate any prosecutorial obligations under New York state law. And even the DA says here, while the behavior of certain KIFI fraternity members was without question disgusting and morally reprehensible, the foundation of the criminal justice system is that criminal prosecutions must be based upon evidence, not emotion. As elected DA, I'm personally responsible for the decisions made by my office. The decision made in November of 24 that the evidence did not support the filing of criminal charges was legally correct. Individuals who are accused of committing a crime must be prosecuted based on evidence, not

public opinion, especially not public opinion based on false information. However, recognizing that the process of healing from trauma is personal and different for every human, my office has reopened the investigation as described below. He adds below, I recognize the reality that it can take years of therapy and healing for victims of sexual assaults to fully process and understand what happened to them. Seeking justice sometimes requires us to reconsider or reopen cases when we are provided with additional evidence. That process obviously works better when the additional information comes directly from a witness,

his or her representative, or the police, rather than through allegations set forth in a civil lawsuit, but getting to the truth is the goal in this case, and therefore he's convening a grand jury to look at all this. I'll tell you one other piece of this. There was at least one text between Jane Doe and one of the men involved in this. CBS News, New York, has obtained screenshots. And they report that the text messages were exchanged between the Cornell accuser Jane Doe and one of the men named in the civil lawsuit,

shortly after, they say, shortly after the alleged incident. The man, reports CBS, New York, begins by apologizing for, quote, how things went down, end quote. He says his memory is, quote, kind of fuzzy, end quote, and that he and another man feel bad for being too intoxicated to, quote, shut it down and kick people out before it got way out of hand, end quote. Jane Doe reportedly replies that her memory is, quote, super cloud. too, end quote, and says that they had all been heavily intoxicated. She also writes, quote, none of the sexual stuff was illegal. End quote. None of the sexual stuff was illegal.

Now, again, the DA is not bound by that either. He'll determine what's legal and what's not, because he knows the law and she doesn't, but this does not sound like the woman in the civil case now with she arrived, totally incapacitated and then was gang raped repeatedly by, you know, hordes of derelict, disgusting Cornell University students. She's saying none of the sexual stuff was illegal. She continues writing, she liked being with him and another man. She liked it.

I got money that this is male number one, the one she had the crush on, the one who opened the door for her, gave her a beer, and was involved in the first incident and fell asleep on the bed and all that. She liked being with him and another man. Later, she suggests that they smoke together again, quote, but like leave out the extra five billion men in ketamine. She wants to get back together with him. She wants to have another interlude involving drugs, presumably marijuana,

but not the ketamine because I'm sure she is embarrassed and ashamed about where that led. and it sounds like he is too. She liked this guy. Again, what happened to just the two of us? Again, I'm just assuming it's male number one, but obviously there's a reason to assume it. Her lawyer, Thomas Jifra, confirms to CBS, New York.

His client did exchange texts with one of the defendants soon after the incident. He could not, however, confirm whether these were the specific texts. He says, she was intoxicated to the point of incapacity that night. She was traumatized and in denial. and was trying to gather information. He argues she could not take an aggressive tone

if she wanted answers. So this is her trying to work this guy for an admission, I guess, according to her lawyer. I don't believe that. Now, I do believe that rape victims sometimes don't fully process what happened to them until later.

And I do know that some rape victims try to normalize what happened to them after the rape by talking about it in a way that diminishes its awfulness. It's a coping mechanism. You know, that that is true. And I haven't ruled that out in terms of Jane Doe's statement to the investigators. But I mean, those statements, I just, we haven't heard an up. updated statement from Jane Doe. All we've heard is sweeping terms from her lawyer about how she was allegedly too incapacitated to consent. And what she's saying at the time is detailed statements in quotes and decisions that she says she made throughout the incident, as the DA said, in excruciating

detail, that show she was not incapacitated out of her mind. I'll do the threesome but not the foursome. I'm worried about that guy over there, passing out or worse. He's asleep and male number one is the one I like. And so let's all wake up and make sure he's okay. Oh shit, male number two is throwing up or about to. Got to make sure he's all right. Do I want ketamine? I actually, yeah, why not?

I tried it already. I'll do it. And I'll snort it off of male number two's erect penis. That's a detail we got from her. This just doesn't, it doesn't fly as the product of a woman who was completely incapacitated. And that's her only way forward. Her only way forward is to allege that. She's not even in her complaint that she's filed now, the civil complaint alleging anybody held her down. This is a forcible rape situation from that standpoint. She's alleging she was

totally incapacitated and that they, she couldn't possibly have consented. Well, as I point out, the law under New York is if you're totally incapacitated because you took a bunch of drugs, they don't recognize that as sexual assault unless you get to the point of complete physical incapacitation, which means you're unconscious or incapable of speaking. And she does not allege that. She doesn't even allege that. We're not there. All right.

Now, having said all of this to you, I want to talk to you about what is happening in the national narrative around this. because it's genuinely sad. It's genuinely sad what's being done to these young men. They have a price to pay. I would submit it is in the pew with the Lord daily. That's where I'd make my kid start. Not that one of my kids would ever do such a thing. But that's where it should start.

You know, I mean, honestly, like talk to your kids. Talk to your boys about how, hopefully, you've already lived this, but like literally say out loud to them. This family believes in leading with love in relationships. Say that. This family believes in leading with love in relationships, friendships, friendships, romantic relationships, intimate relationships. And every bit of our conduct should follow that credo. cruelty, rudeness, casual nastiness, and certainly any forcible harm or violation of the criminal law would not be consistent with our family code, with what this family stands for, with what's important to us as your parents. As you go out there into the world, say it, say it.

Make them understand it's the family creed, and you expect them to live up to it. don't just leave it up to. Maybe they'll glean it from the Sunday sermon. Maybe their ethics class in high school will cover this. Maybe just by loving your other spouse, they'll see it. No, say it. Make them learn it. And pray that in a situation where derelicts at an Ivy League university and a fraternity are around them all making the wrong decision, your child will remember the family creed. That your family will be like the random man who's not been named as walking into the room and saying, we are shutting this shit down.

Putting an end to this fucking situation. Wherever the fuck this is, he said. Unfortunately, it didn't stop there. He didn't actually shut it down because the third interlude came after that. But that's the prayer. But here's what's happening. All right, because, yes, you know, two have been expelled, with which I have no problem, because honestly, this is terrible behavior.

And the ketamine alone could probably get you expelled. And others temporarily expended. The media is running with the narrative. Oh, the boys were just told to write essays. That's not true. Cornell's issued a statement. The notion that in Ivy League University or any university in America would be, its instincts would be to go easy on the guys and dismiss the word of the woman as a nothing when it wasn't,

is just so absurd. These people, these actors and so they haven't been covering these cases as I have, and as so many on the right wing have for years. This has been a primary beat of mine since I was at the Kelly file and before. And let me tell you that Joe Biden and Barack Obama before him made it very clear that they wanted the rules under Title IX to be as generous to alleged victims and as unfair to alleged defendants as humanly possible. Now, Trump righted that ship and just restored due process rights.

But for years, it was you weren't allowed to cross-examine your accuser. You as a defendant, male, were not allowed to see text messages that she had sent right after the alleged rape. And then years later, if a leak happened where the defendant got his hands on text by his alleged victim saying, ha, ha, I fooled him into having sex with me. and now I'm accusing him of rape falsely, would go back to the university and say, what the fuck?

You expelled me. You ruined my life and hear these texts. And the universities would say, oh, we stand by our decision. And then boys would appeal it. You can appeal the decision up to a federal district court. But they would say, oh, you know, the standard is so deferential,

we're going to let it stand. Guys' lives have been getting ruined for decades over the university's instinct and inclination to immediately sign with a woman, the believe all women crews. So just stop. Okay, even though Trump has restored some due process on college campuses,

there is zero chance that Cornell was like, oh, we'll just make them write an essay. That is not happening at Cornell. No way. So they've paid a price, but the media, celebs, et cetera, wants them to pay with their freedom,

with their lives. I'm going to give you a couple examples, okay? Okay. Okay. Here's Mariska Haggaday, Hargaday. She just hosted the Emmys with her daughter who's 15 and had her breasts toppling out of her dress, her daughter, her 15-year-old. Now she wants to lecture us on what should happen in a case like this.

Quote, Dear Men and Boys, if your friends tell you they're gang raping someone, call the fucking police. Yes, I think we should ruin the futures of adult men who drug and gang rape a woman. Thanks for asking. men were in that fraternity group chat 57 not one of them stopped it well that's not true actually two of them did go in there one of them said we're shutting this shit down but there there is not a text with friends telling anyone they are quote gang raping someone that does not exist but you wouldn't know that if you just watch left wing media uh josh gad voice of olaf and frozen on instagram when we start setting a precedent that our girls and women can be brutally raped and the resulting disciplinary action is to hand out check notes essays like it's Bart Simpson being a little rascal about why it was wrong to brutally violate an innocent girl. We've lost our fucking minds. At this point, it doesn't seem to matter if a woman accuses a president, a Supreme Court justice, a private university student, or an athlete. There is no such thing as white collar rape. Okay. This guy named Hudson Williams,

star of heated rivalry on Instagram, writes as follows, quote, arrest them. Fuck them and Fuck Cornell, too. You don't know what you're talking about. Actress Jamila Jamil, best known for NBC's The Good Place on Instagram, writes, I think the likes of the Cornell 7 shouldn't be allowed penises anymore. They use them as weapons, so now they have to be confiscated. I think jail time, legal castration, and a removal of the shaft seems like the bare minimum. Come on. This is read the woman's statement, Jamila. Read it for yourself.

Actress Florence Pugh of Little Women on Instagram. I'm processing quietly and watching everything and everyone and every man. You need to be leading conversations about how we can change the allowance and complicity of this behavior as much as we are. To Jane Doe, who bravely stood up, to the despicable college that chose to do the wrong thing, you are so unbelievably powerful, so strong-willed, and know that women everywhere are here to hold you and help you on your healing, journey. I actually would love to help Jane Doe on her healing journey, and I believe she needs to be on one. I do. I'm sure this is extremely traumatic what happened that night. And I think it's extremely

traumatic because I think she consented. And I'm sure she's having to live with the shame and awfulness of that of being treated like a piece of meat who didn't matter, who was basically just a fuck buddy by these guys at this fraternity. I don't blame her for being traumatized. I bet she really is. But that doesn't mean she gets praised as a national hero, folks. That is not the move here. Read the facts as she has alleged them.

This is before we've heard from the boys. And since we often beat up on Sunny Haustin here with good reason, let's face it. I will play her soundbite getting this right. Watch. And while this is something that we have to take very seriously, there is no way, according to her statement in 2024, that any prosecutor would have brought forth the case. But she was intoxicated.

Under New York law, again, under New York law, voluntary intoxication, if you voluntarily drink 10 beers and you voluntarily ingest ketamine, but that intoxication. That doesn't have anything to do with the fact that the guys attacked her, whether she's drunk or not. According to her state, she says they did not attack her. Her statement in 2024, she, she, she consented to the sexual activity. She consented to it according to her own statement in 2024.

Now, I prosecuted sex crimes for 10 years. I believe women. I am not saying that we shouldn't believe her. But in 2024, she said one thing. And now in 2020, she's saying another. Good for her. Her daughter's at Cornell right now, I think, or went to Cornell, at least. On the other hand, here's AOC.

Seven men drugged and gang raped a 20-year-old woman. They lured her in to a fraternity house. They drugged her with ketamine. They then posted to a group chat that she was incapacitated and seven men took turns, gang raping her for seven hours. Their fraternity knew, this was reported to Cornell University, and after looking into this matter, they expelled two of them and made the rest write essays

as their form of punishment. I want to be clear that the culture of rape, sexual assault, and pedophilia is protected in elite institutions across the United States and including Cornell University in this instance. Petophilia? She's right. I mean, she actually has a point on that one. But the culture of rape is protected at universities. Again, refer to my earlier points. By the way, there is nothing on here about. that they, admitting that they drugged her. I've read you the entire thing. Free P-word and alum P-U. This is crazy work. Free.

Blank went seven minutes ago and is not AFK at away from keyboard. I don't know. So fucking love Kai-Fi. Kai-fi. The alumni shit is not a bit. First person POV, not a bit. Like you can walk in and whip it out. That's from mail number one.

There's nothing on there about, she's drugged or you can drug her. That's just lies. Those are lies. Here's Jake Tapper, bringing up his own daughter to DA Matthew Van Houghton. Sot, too.

You know, I have a daughter. I can't imagine how mad I would be if a district attorney handled this case that way for my daughter. It's just, do you not acknowledge that your office dropped the ball

by not looking more into what happened? I'm not saying I know what happened. I'm just saying based on the document you had, I want to know more about what happened, and that's, correct me if I'm wrong, your job. My job under the New York State Constitution is to apply the penal law of New York State. We are constrained by that law.

Whether you agree with it, whether you think someone's conduct is morally repugnant or vulgar or disgusting, I'm still constrained by the law. Jane Doe remembered explicitly, virtually everything that happened that evening. And the fact that Jane Doe retained an attorney, that's no one reached out to us. If she remembered more, if she had more insight in the last two years, that attorney knows very well how to contact my office to say she's dissatisfied with your decision. Let's sit down and talk.

Good for him. Jake Tapper knows nothing. He knows absolutely nothing. Do a little research on the law before you try to avenge the women of America. You'd be so outraged at the DA. I think you'd be outraged at your daughter if you read her own statement that over and over, she said, sure, sure, sure. It's a very sad case, but not for the reason the media will tell you.

Tomorrow, we will be speaking with one of the lawyers or one of the defendants. We'll see you then. Thanks for listening to The Megan Kelly Show. No BS, no agenda, and no fear.